Reynolds v. Ætna Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Margaret Worthington, individually and as administratrix of Richard Worthington, deceased, and others, from- an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of October, 1896, granting leave to the defendant, The .¿Etna Life Insurance Company, to serve a supplemental answer in the action.
1Opinion of the Court
Willard Bartlett, J.:
The office of a supplemental pleading is only to set up material facts which have occurred since the party put in his former pleading, or of which he was then ignorant. (Code Civ. Proc. § 544.) The affidavit upon which the respondent’s motion was based contains no statement that any of the facts alleged in the proposed supplemental answer served therewith, or any other facts which the respondent desired to set up by way of supplemental answer, had occurred or come to the respondent’s knowledge since the original answer was interposed. An examination of the' proposed…
2Cited by2 opinions
- Reynolds v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Reynolds v. Aetna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897